On the ratification of the Agreement on the Organization, Management, Functioning and Development of Common Markets for Oil and Petroleum Products of the Republic of Belarus, the Republic of Kazakhstan and the Russian Federation
The Law of the Republic of Kazakhstan dated May 2, 2011 No. 433-IV
RCPI's note! The Agreement is terminated in connection with the entry into force of the Treaty on the Eurasian Economic Union, ratified by the Law of the Republic of Kazakhstan dated 14.10.2014 No. 240-V (for the procedure of entry into force, see Article 113).
To ratify the Agreement on the Organization, Management, Functioning and Development of Common Markets for Oil and Petroleum Products of the Republic of Belarus, the Republic of Kazakhstan and the Russian Federation, signed in Moscow on December 9, 2010.
President of the Republic of Kazakhstan N. NAZARBAYEV
AGREEMENT on the organization, management, functioning and development of common oil and Petroleum Products markets of the Republic of Belarus, the Republic of Kazakhstan and the Russian Federation
(Entered into force on January 1, 2012 - Bulletin of International Treaties of the Republic of Kazakhstan 2012, No. 1, Article 15) (Entered into force on May 23, 2013 - Bulletin of International Treaties of the Republic of Kazakhstan 2013, No. 4, Article 37)
The Government of the Republic of Belarus, the Government of the Republic of Kazakhstan and the Government of the Russian Federation, hereinafter referred to as the Parties, based on the Agreement on the Customs Union between the Russian Federation and the Republic of Belarus of January 6, 1995, the Agreement on the Customs Union of January 20, 1995, the Agreement on the Customs Union and the Single Economic Space of February 26, 1999, the Agreement on the establishment of the Eurasian Economic Community on October 10, 2000, The Agreement on the Establishment of a Single Customs Territory and the Formation of the Customs Union of October 6, 2007, the Agreement on Common Principles and Rules for Regulating the Activities of Natural Monopolies of December 9, 2010, the Agreement on Common Principles and Rules of Competition of December 9, 2010, taking into account the provisions of the Concept of the formation of a common energy market of the member States of the Eurasian Economic Community of On December 12, 2008, realizing the need to create common markets for oil and petroleum products of the member States of the Single Economic Space, in order to effectively use the potential of the fuel and energy complexes of the States of the Parties, as well as to provide national economies with oil and petroleum products, we have agreed on the following:
Article 1
The objectives of this Agreement are to define the basic principles and measures aimed at the formation of common markets for oil and petroleum products of the member States of the Single Economic Space, as well as the development of competition in these markets. In this Agreement, the common market for oil and petroleum products of the Single Economic Space is understood to be defined by the contractual and legal framework of the Customs Union within the framework of the Eurasian Economic Community (hereinafter referred to as - The Customs Union) and the Single Economic Space are a set of trade and economic relations between the economic entities of the member States of the Single Economic Space in the field of production, transportation, supply, processing and marketing of oil and petroleum products in the territories of the member States of the Single Economic Space, necessary to meet the needs of the member States of the Single Economic Space.
Article 2
When forming common markets for oil and petroleum products of the Single Economic Space, the Parties proceed from the following basic principles: 1) non-application by the Parties in mutual trade of quantitative restrictions and export customs duties (other duties, taxes and charges having equivalent value). The procedure for payment of export customs duties on oil and petroleum products when they are exported outside the single customs territory of the Customs Union is determined by separate, including bilateral agreements of the member states of the Single Economic Space.; 2) priority provision of the oil and petroleum products needs of the member States of the Single Economic Space; 3) unification of norms and standards for oil and petroleum products of the member states of the Single Economic Space; 4) ensuring environmental safety; 5) formation of an information support system for the common markets of oil and petroleum products of the Single Economic Space.
Article 3
1. The Parties shall implement a set of the following measures to form common markets for oil and petroleum products of the Single Economic Space: 1) creation by July 1, 2011 of an information exchange system based on customs information, including information on the supply, export and import of oil and petroleum products by all modes of transport; 2) creation by July 1, 2011 of control mechanisms to prevent violation of the terms of this Agreement; 3) unification of norms or standards for oil and petroleum products of the member states of the Single Economic Space before July 1, 2013. 2. The measures referred to in paragraph 1 of this Article are implemented by signing methodologies or rules by the Parties or their authorized bodies within the framework of relevant agreements.
Article 4
The Parties, in accordance with agreements between the member States of the Common Economic Space, shall ensure, within the limits of their available technical capabilities, the following conditions:: 1) the guaranteed possibility of long-term transportation of extracted oil and petroleum products produced from it through the existing transport system in the territory of the member states of the Single Economic Space, including through the systems of main oil pipelines and oil product pipelines; 2) access to oil and petroleum products transportation systems located on the territory of each of the member States of the Single Economic Space for business entities registered in the territories of the States of the Parties, on the same terms as for business entities of the Party through whose territory oil and (or) petroleum products are transported.
Article 5
Tariffs for the transportation of oil and petroleum products through the system of oil pipelines and oil product pipelines are established by the national authorities of each State of the Party and may differ in transportation for export and for domestic consumption. Tariffs for the transportation of oil and petroleum products are established for the economic entities of the States of the Parties at a level equal to the tariffs established for the economic entities of the State of the Party through whose territory oil and (or) petroleum products are transported.
Article 6
The competent authorities of the Parties shall coordinate by October 1 of each current year for the next calendar year the indicative balances of production (production), consumption, supply, import and export of oil and petroleum products of the member states of the Single Economic Space. The competent authorities of the Parties shall agree on a long-term indicative balance of production, production, consumption, transportation, supply, import and export of oil and petroleum products from the member States of the Single Economic Space, which, if necessary, can be adjusted annually taking into account actual changes in oil production, production and consumption of petroleum products from the member States of the Single Economic Space. The volumes and directions of transportation of oil produced on the territory of one of the member States of the Single Economic Space through the territory of another member State of the Single Economic Space are determined annually by protocols between the competent authorities of the Parties.
Article 7
The regulation of the internal markets of oil and petroleum products of the member States of the Single Economic Space is carried out by the national authorities of these States. The Parties shall implement measures to liberalize the markets of oil and petroleum products in accordance with the legislation of each of the States of the Parties.
Article 8
This Agreement does not affect the rights and obligations of each of the States of the Parties under other international treaties to which it is a party, with the exception of the international treaties specified in Article 13 of this Agreement. The Agreement of the Parties on common principles and rules of competition applies to subjects of natural monopolies engaged in the transportation of oil and petroleum products, taking into account the specifics provided for in this Agreement.
Article 9
The following competent authorities coordinate the implementation of this Agreement: on behalf of the Belarusian Side - the Belarusian State Concern for Petroleum and Chemistry and the Ministry of Economy of the Republic of Belarus; on behalf of the Kazakh Side - the Ministry of Oil and Gas of the Republic of Kazakhstan; on behalf of the Russian Side - the Ministry of Energy of the Russian Federation. In case of replacement of competent authorities, the Parties notify each other through diplomatic channels.
Article 10
Disputes between the Parties related to the interpretation and/or application of the provisions of this Agreement are resolved through negotiations and consultations. If the dispute is not settled by the parties to the dispute through negotiations and consultations within 6 months from the date of the official written request for their holding sent by one of the parties to the dispute to the other party to the dispute, then in the absence of any other agreement between the parties to the dispute regarding the method of its resolution, either party to the dispute may refer the dispute to the Court of the Eurasian Economic Community for consideration.
Article 11
Nothing in this Agreement should be interpreted as obliging a Party to extend the rules and (or) benefits arising from this Agreement to third States that are not parties to this Agreement, or the business entities of such third States, their goods or services.
Article 12
By agreement of the Parties, amendments may be made to this Agreement, which are formalized in separate protocols that are an integral part of this Agreement.
Article 13
This Agreement shall enter into force simultaneously with the Agreement between the Government of the Republic of Kazakhstan and the Government of the Russian Federation on Cooperation in the Field of Oil and Petroleum Products Supplies dated 2010, as well as the Agreement between the Government of the Republic of Belarus and the Government of the Russian Federation on determining the procedure for payment of export customs duties (other duties, taxes and charges having equivalent effect) on export oil and petroleum products from the territory of the Republic of Belarus outside the customs territory of the Customs Union from 2010, and it is applied in relations between the states of the Parties, provided that all agreements are in force on the territory of these states, the signing of which is provided for in the action plan for the formation of a Single economic Space of the Republic of Belarus, the Republic of Kazakhstan and the Russian Federation, approved by the Decision of the Interstate Council of the EurAsEC (the Supreme Body of the Customs Union) at the level of heads of state dated December 19, 2009 No. 35, as well as the Agreement between the Government of the Republic of Kazakhstan and the Government of the Russian Federation on cooperation in the field of oil and petroleum products supplies dated 2010 and the Agreement between the Government of the Republic of Belarus and the Government of the Russian Federation on determining the procedure for payment of export customs duties (other duties, taxes and charges having equivalent effect) when exporting oil and petroleum products from the territory of the Republic of Belarus outside the customs territory of the Customs Union of 2010 (names of the bilateral agreements specified in this Article, may be clarified based on the results of negotiations between the Parties).
Done in Moscow on December 9, 2010, in one original copy in the Russian language. The original copy of this Agreement is kept in the Integration Committee of the Eurasian Economic Community, which is its depositary and will send a certified copy to each Party.
For For For Government Government Government of the Republic of the Republic Russian Belarus Kazakhstan Federations
I hereby certify that this text is a complete and authentic copy of the original Agreement on the Organization, Management, Functioning and Development of common Markets for Oil and Petroleum Products of the Republic of Belarus, the Republic of Kazakhstan and the Russian Federation, signed on December 9, 2010 in Moscow: on behalf of the Republic of Belarus - Deputy Prime Minister of the Republic of Belarus A.V. Kobyakov, on behalf of Government of the Republic of Kazakhstan - First Deputy Prime Minister of the Republic of Kazakhstan U.E. On behalf of the Government of the Russian Federation, I.I. Shuvalov, First Deputy Chairman of the Government of the Russian Federation. The original copy is kept in the Integration Committee of the Eurasian Economic Community.
Head of the Legal Department of the Secretariat The EurAsEC Integration Committee. Knyazev
President
Republic of Kazakhstan
© 2012. RSE na PHB "Institute of Legislation and Legal Information of the Republic of Kazakhstan" of the Ministry of Justice of the Republic of Kazakhstan
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